People v.

Simon

G.R. No. 93028

FACTS:

The police unit stationed in Camp Olivas, San Fernando, Pampanga formed a buy-bust
team headed by Capt. Francisco Bustamante and his subordinates Sgt. Buenaventura Lopez, Pfc.
Virgillo Villaruz and Sgt. Domingo Perojo upon the information of a confidential informant that
a certain Alyas Pusa is conducting illegal drug activities in Cristo, Guagua, Pampanga. The team
proceeded to the said area together with the informant. They were successful in their operation in
arresting Alyas Pusa. The buy-bust operation was conducted when the poseur-buyer Lopez
offered to buy two tea bags of marijuana from Ayas Pusa. When Alyas Pusa handed the two tea
bags of marijuana to Lopez, the team started to arrest Alyas Pusa. He was then brought to the
police station to conduct custodial investigation. He was brought to the clinic to have him be
examined, the doctor found no signs of harassment and maltreatment aside from the highblood
pressure and abdominal pains due to peptic ulcer of Alyas Pusa. He was able to escape from
temporary confinement but was later rearrested.

Alyas Pusa was charged of violation of sec. 4 of R.A. No 6425 of illegal possession of
dangerous drugs, which the Regional Trial Court rendered a judgment convicting him and
sentencing him to suffer the penalty of life imprisonment.

He appealed to the Supreme Court having a prayer that R.A. 7659 be applied and has
retroactive effect to him for a lower penalty of imprisonment.

ISSUE:

Is Alyas Pusa entitled to the retroactive effect of R.A. 7659?

RULING:

Yes.

He is entitled to the retroactive effect of R.A. 7659. Article 22 of the Revised Penal Code
provides that penal laws shall have a retroactive effect if it is favourable to the accused. R.A.
7659 provides that possession of less than 250 grams of marijuana is punishable with a penalty
of 6 months as minimum to 6 years of imprisonment as maximum.